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Terraform Labs seeks summary judgment to dismiss SEC allegations

Policy & Regulation·November 01, 2023, 2:14 AM

Lawyers representing bankrupt Singaporean crypto firm Terraform Labs and its co-founder, Do Kwon, have requested a summary judgment from a New York judge in their legal battle against the United States’ Securities and Exchange Commission (SEC).

If granted, such a dismissal could potentially spare them from a full-blown trial. In their motion, the legal team argued vehemently that they are innocent of the SEC’s allegations, maintaining that the regulator has failed to provide any compelling evidence of wrongdoing.

Photo by Bermix Studio on Unsplash

 

Defining a security

The motion, which was filed last Friday in the U.S. District Court for the Southern District of New York, asserts that the implicated cryptocurrencies of Terra Classic (LUNC), TerraClassicUSD (USTC) and Mirror Protocol (MIR), together with its Mirrored assets (mAssets), are not securities as claimed by the SEC in its complaint.

The heart of the matter revolves around the SEC’s assertion that Terraform Labs offered or sold securities, a claim vehemently denied by the defendants. The SEC initially brought the case in February, referencing algorithmic stablecoin TerraUSD, which famously collapsed in May 2022.

 

Lawyers claim case is unsubstantiated

Both Kwon and Terraform Labs’ attorneys argued that despite over two years of investigation, more than 20 depositions, and the exchange of a staggering two million pages of documents, the SEC’s case remains unsubstantiated.

The SEC’s original complaint in February accused Kwon and Terraform of raising substantial sums from investors by offering and selling an inter-connected suite of crypto asset securities, many of which were unregistered transactions. SEC Chair Gary Gensler added that Terraform and Kwon had failed to provide investors with full disclosures, notably concerning LUNA and TerraUSD.

A key element of the dispute centers on the SEC’s allegation that Kwon and Terraform moved millions of dollars into Swiss bank accounts for personal gain. According to the agency’s complaint, the company and Kwon transferred 10,000 bitcoins to a financial institution based in Switzerland. The legal team representing Kwon and Terraform vehemently denies this allegation, characterizing it as baseless and unfounded.

 

Flawed stablecoin design

Algorithmic stablecoins, such as TerraUSD, operate using market incentives via algorithms to maintain a stable price. Terra was tied to Luna, a governance token, in an attempt to stabilize prices. Unfortunately, the collapse of TerraUSD in 2022 destroyed in excess of $40 billion in value held by investors. It also had a domino effect, leading to a series of other crypto platform collapses later in 2022.

Judge Jed Rakoff, presiding over the case in the Southern District of New York, had previously denied an attempt by Terraform Labs and Kwon to have the case dismissed. This new motion for summary judgment represents their latest effort to put an end to the legal proceedings.

In a separate but related action, lawyers representing Terraform Labs Co-Founder Daniel Shin asserted that Shin played no role in the collapse of TerraUSD. In a Seoul district court, they emphasized that Shin had nothing to do with the collapse despite being indicted in South Korea in April on various charges, including fraud.

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Policy & Regulation·

Jun 02, 2025

Thailand’s SEC moves to block five exchanges to protect investors

Thailand’s Securities and Exchange Commission (SEC), an independent state agency responsible for the supervision of capital markets including the digital assets sector within the Southeast Asian nation, has moved to block five cryptocurrency exchange platforms. In a statement published by the agency to its website on Thursday, May 29, the SEC outlined that it deems the five exchanges, namely OKX, Bybit, CoinEx, XT.com and 1000X.Live, to be unauthorized crypto trading platforms.Photo by REY MELVIN CARAAN on UnsplashCountering money laundering activityIt is acting against these platforms “to protect investors” and to prevent their use for money laundering purposes. In offering services to Thai users on an unauthorized basis, the exchanges were found to be in breach of Thailand’s Digital Asset Business Act B.E. 2561 (2018). The agency has asked the Ministry of Digital Economy and Society (MDES) to take measures to block local access to these online platforms. That block will be put in place on June 28. On that basis, the SEC has advised Thai users of such platforms to proceed to remove their assets from them before that June 28 deadline.  An updated version of the Royal Decree on Measures to Prevent and Suppress Technology-related Crime, (No. 2) B.E. 2568 (2025), was introduced by the Thai government in April. It facilitated the establishment of the Committee for the Prevention and Suppression of Technological Crime.  Following practices overseasThe committee met with the MDES in April, with the parties setting out the process through which unauthorized digital asset platforms would be restricted and blocked. On that occasion, similar practices carried out in other jurisdictions within the Asian region were referred to.  In December 2023 India’s Financial Intelligence Unit (FIU) moved to block nine offshore crypto exchanges, having issued them with compliance show-cause notices.  In April 2024 the Philippines SEC requested that Google and Apple remove apps associated with global exchange Binance from the local versions of their application stores. Japan’s Financial Services Agency (FSA) similarly ordered both companies to remove apps belonging to unregistered crypto exchanges in February of this year. Back in March, the Thai SEC filed a lawsuit against Aux Cayes FinTech Co. Ltd., an OKX affiliate company. The complaint alleged that OKX had been running an unlicensed exchange in Thailand, and was filed with the Economic Crime Suppression Division of the Thai police force. The SEC outlined on March 21 that a similar criminal complaint had been filed against XT.com. It’s understood that Bybit, CoinEx and 1000X.Live have also been recipients of complaints on the same basis. Earlier this year, the Economic Crime Suppression Division considered taking action against Polymarket, a crypto-based prediction market, on the basis that the platform violated Thailand’s gambling laws, and in doing so, posing a risk to economic and social stability in Thailand. In April 2024, the SEC issued a warning to crypto exchange platforms against the use of misleading advertising, drawing their attention to the fact that advertising of that nature would potentially place those platforms in breach of regulatory guidelines. 

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Policy & Regulation·

Jul 21, 2023

Fraud Defense Sees Terraform Labs Pursue Access to FTX Wallets

Fraud Defense Sees Terraform Labs Pursue Access to FTX WalletsTerraform Labs, the Singapore-based cryptocurrency firm at the center of a lawsuit filed by the United States Securities and Exchange Commission (SEC) in February, is taking steps to bolster its defense against fraud charges.Photo by Anete Lusina on PexelsSubpoena for debtors’ recordsAccording to a motion filed with the FTX bankruptcy court in Delaware on Wednesday, the company is seeking permission from a judge to subpoena data from the bankrupt crypto exchange. The filing shows that Terraform’s legal team is requesting access to information about digital wallets utilized by short sellers between March and May 2022.The company believes that its algorithmic stablecoin’s collapse was not a result of natural market forces but rather a coordinated attack by short sellers, potentially involving Alameda Research, FTX’s sister company.The motion states: “To establish these defenses, TFL needs Debtors’ records about wallets, accounts, and assets used to transact on the FTX International and US exchanges and sales/offers of large volumes of cryptocurrencies developed by TFL, if any, by FTX Trading and West Realm Shires Services Inc. d/b/a FTX US.”Alleged securities fraudThe SEC’s lawsuit, filed on February 16, accuses Terraform Labs and its founder, Do Kwon, of orchestrating a multi-billion dollar crypto asset securities fraud. The regulator alleges that Terraform offered unregistered securities through its algorithmic stablecoin, TerraUSD (UST), and the Terra Luna (LUNA) token. The failure of Terraform in 2022 led to a staggering loss of over $40 billion in the crypto markets.The motion also targets Jump Trading, another entity accused by the SEC of colluding with Terraform to manipulate the price of the UST stablecoin. Jump Trading is facing a separate lawsuit in Illinois in the US, accused of purchasing millions of UST tokens in 2021 as part of an agreement with Terraform to maintain the stablecoin’s peg to $1.“Defendants misrepresented UST’s recovery by claiming that the algorithm was able to restore and maintain the price peg. According to the SEC, UST instead recovered its price peg because Defendants entered an arrangement with a U.S. trading firm, Jump Trading, […] to purchase substantial amounts of UST to support the price,” reads the court filing.Jurisdictional argumentsAside from its pursuit of FTX’s data, Terraform is also seeking to dismiss a class-action lawsuit in California, having already sought to have the SEC lawsuit dismissed. The company argues that since it is based in Singapore, US securities laws referenced in the lawsuit are not applicable to its foreign-developed protocols.Using a similar jurisdictional argument, Do Kwon also tried to conceal documents held in Singapore by the Singaporean company from the SEC, but he failed in that endeavor.Another significant development at Terraform has seen a new CEO appointed to lead the troubled company. According to a report in the Wall Street Journal on Wednesday, Chris Amani, who has been acting as Terraform’s Chief Operating Officer and Chief Financial Officer up until now, has been appointed as CEO.

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Policy & Regulation·

Sep 19, 2023

Kazakhstan Launches NPC With CBDC Implementation by 2025

Kazakhstan Launches NPC With CBDC Implementation by 2025Kazakhstan’s National Bank (NBK) has unveiled the National Payment Corporation (NPC), a dedicated entity responsible for spearheading the development and launch of the country’s central bank digital currency (CBDC), known as the digital tenge.In a press release published last Friday, the NBK set out that the launch of the NPC is effectively a restructuring of the Kazakhstan Center for Interbank Settlements. The new entity has been entrusted with overseeing the national payment system.This mandate includes overseeing critical functions like interbank clearing services, facilitating money transfers, and managing digital identification. However, the NPC’s central mission revolves around establishing a robust “digital financial infrastructure” with a primary focus on realizing the digital tenge.Photo by Uladzislau Petrushkevich on Unsplash2025 targeted launch dateThe journey toward the digital tenge began in February of this year, with an ambitious launch date set for 2025. Deputy Governor of the NBK, Berik Sholpankupov, initially articulated a vision centered on a “collaboration between traditional finance and DeFi,” aimed at significantly improving financial inclusion and strengthening international trade.As of now, the CBDC pilot in Kazakhstan has advanced to a controlled environment pilot phase involving actual consumers and merchants. One of the key partners in this venture is Binance, the world’s largest cryptocurrency exchange. Binance is actively supporting the pilot through its technical solution, BNB Chain, marking a convergence between traditional financial institutions and the blockchain-based cryptocurrency sector.Kazakhstan’s pursuit of CBDCs aligns with a global trend as numerous countries worldwide explore the potential of CBDCs. An astounding 105 countries, representing a substantial 95% of the global gross domestic product (GDP), are currently exploring the concept, highlighting the collective recognition of the transformative potential of digital currencies in shaping the future of finance.Last week it emerged that the NBK had entered into a collaboration with the global financial messaging service SWIFT relative to the beta-testing of a CBDC.Attracting global exchangesIn a move that bolsters the development of crypto in the central Asian country, Binance launched a regulated digital asset platform in collaboration with the local Freedom Finance Bank. Around the same time, Bybit secured in-principle approval to trade within the country from the local regulator.Kazakhstan’s proactive stance toward cryptocurrency is also evident in its taxation policies. In 2022, the government collected approximately $7 million in tax payments from cryptocurrency mining entities following the implementation of revised regulations governing the fiscal responsibilities of cryptocurrency mining.Additionally, the government introduced legislation aimed at curbing excessive energy consumption by domestic crypto miners, instituting licensing requirements, and making minor adjustments to the taxation framework.Kazakhstan’s steps in establishing the National Payment Corporation and venturing into the realm of CBDCs reflect the country’s interest in embracing the digital era and staying at the forefront of financial innovation. As the industry looks on, Kazakhstan’s digital tenge project could serve as a model for others seeking to bridge the gap between traditional finance and the exciting possibilities of DeFi.

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